STATE OF FLORIDA, PETITIONER,
v.
ALPHONSO LEE, RESPONDENT
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PER CURIAM.
We have for review a decision on the following question certified to be of great public importance:
WHEN A CONVICTION FOR ATTEMPTED FIRST DEGREE FELONY MURDER MUST BE VACATED ON AUTHORITY OF STATE v. GRAY, 654 So. 2d 552 (Fla.1995), DO LESSER INCLUDED OFFENSES REMAIN VIABLE FOR A NEW TRIAL OR REDUCTION OF THE OFFENSE?
Lee v. State, 664 So. 2d 330, 331 (Fla. 3d DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered this question in State v. Wilson, No. 86,680, — So. 2d - (Fla. July 3, 1996), by holding that where a conviction for attempted felony murder has been vacated on the basis of our opinion in Gray, the proper remedy is retrial on any lesser offense instructed on at trial. Wilson, slip op. at 3, — So. 2d at -. We quash the decision below and remand for proceedings consistent with our opinion in Wilson.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bell v. State, 685 So. 2d 1 (Fla. 1st DCA 1996)…alternative theories to support verdict). See also State v. Wilson, 680 So. 2d 411 (Fla.1996)(holding where defendant convicted of attempted felony murder, lesser included offenses instructed on at trial remain viable for retrial); State v. Alfonso, 676 So. 2d 1365 (Fla.1996). Accordingly, appellant’s conviction for attempted first degree murder is vacated, and the ease is remanded for retrial. Except for the conviction for attempted first degree murder, appellant’s convictions and sentences are affirmed. Ac…
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Green v. State, 679 So. 2d 81 (Fla. 5th DCA 1996)…lthough we reverse the conviction for attempted felony murder, we remand for retrial as to the lesser included offenses upon which the jury was instructed. State v. Wilson, 21 Fla. L.Weekly S292, — So. 2d - (Fla. July 3, 1996); and State v. Alfonso, 676 So. 2d 1365 (1996). AFFIRMED in part; REVERSED in part; and REMANDED for SENTENCING. PETERSON, C.J., and W. SHARP, J., concur.…
Authorities Cited
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- Alphonso LEE v. State, 664 So. 2d 330 (Fla. 3d DCA 1995)